Marriage contract no. 286: Hessen-Kassel - Brandenburg

Contract content

Preamble: Preservation, propagation and affirmation of existing marital bonds, alliances and the love, unity and kinship that have grown out of them

1 – Expression of consent by the fathers and future spouses; marriage vows of the husband

2 – Dowry, trousseau and additional widow’s provision regulated: dowry of 40,000 Reichstalers; paraphernalia of 30,000 Reichstalers; trousseau guaranteed and recorded in two lists; further provision for the bride from her father’s side

3 – Renunciation of inheritance by the bride regulated: renunciation of inheritance of the paternal lands in the presence of male heirs; special regulation for Cleves and Jülich possessions with reference to the House of Orange

4 – mornig gift and court of the bride regulated: mornig gift of 4,000 Reichstalers and interest thereon; 2,000 Reichstaler hand money; composition and remuneration of the court regulated; in criminal matters of the court, the same rules shall apply as for the wife of the bride’s father

5 – Donatio propter nuptias, widow’s dower and life estate regulated: Donatio propter nuptias of 40,000 Reichstaler; Investment of the donation propter nuptias regulated; initially, the bride receives rights of use in the Melsungen and Spangenberg districts as a widow’s dower; after the death of the bride’s father’s wife, the widow’s dower transfers to the Schmalkalden district; life annuity of 8,000 Reichstalers; rights of use and taxes in the widow’s dower regulated

6 – Based on Art. 5: Regulations on compensation if the goods are insufficient; repair of the widow’s residence before taking office; homage in the offices regulated

7 – Based on Art. 5: Subjects must be allowed to retain their freedoms and rights; reservations regarding the landgrave’s use and jurisdiction in the widow’s dower; Protection of the widow’s dower by the Landgrave; prohibition on the sale of the widow’s dower

8 – Based on Art. 5: Repair of the widow’s dower regulated; regulation regarding debts; replacement of the widow’s dower in the event of damage

9 – Deaths regulated; in the event that the wife dies before her husband without any joint living heirs: the groom has lifelong rights of use; if the husband also dies, both fall to the next heir; widow’s property used as collateral

10 – Case of joint heirs surviving a parent: they inherit the donation propter nuptias and marriage property; if joint heirs survive a parent but die without heirs of their own, the donation propter nuptias and marriage property fall to Hesse

Case where the groom dies before the bride with or without children: the widow takes over the widow’s dower in accordance with the above provisions; the widow may use the trousseau and paraphernalia; maintenance of the children is regulated

11 – If the widow remarries: the widow’s dower can be redeemed by payment of the dowry; in the absence of joint heirs, the dowry reverts to Hesse

12 – Validity of the contract in the event of premature death is regulated; gifts by will, codicil and donationes mortis causa are possible as long as they do not violate the house contracts; mutual promise to abide by the above, marriage letter is drawn up in two copies, signed and sealed; date and place

Regulations on inheritance law

3 – Renunciation of inheritance by the bride regulated: renunciation of inheritance of the paternal lands in the presence of male heirs; special regulation for Cleves and Jülich possessions with reference to the House of Orange

Commentary

The agreement referred to in Art. 4 is probably Mbg StA Urk. 3 No. 337.

References

• Archive copy: GStA PK BHP, Rep. 45, W. 4
• Contract language archive copy: German

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 286. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/286.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 286},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/286.html}
}